In prosecutions for persistent sexual exploitation under s 50(1) of the Criminal Law Consolidation Act 1935 (SA), the trial judge must direct the jury that it must agree unanimously, or by statutory majority after four hours, on the same prescribed pair of acts of sexual exploitation proved beyond reasonable doubt. Failure to give this extended unanimity direction is an error of law. The proviso will not save the conviction where the evidence is such that different jurors may have been satisfied of different acts.
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